KANAK CHANDRA GOSWAMI Vs. NIRADA DAS AND ORS.

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment and decree dated 16.07.2004 passed by the learned Civil Judge (Senior Judge) No. 2, Guwahati in Title Appeal No. 64/2002 allowing the appeal and setting aside the judgment and decree dated 30.09.2002 passed by the Civil Judge (Junior Division) No. 2, Guwahati in Title Suit No. 93/1997.

(2.) THE plaintiff/appellant's case in brief is that he had purchased the suit land measuring 2 kathas from its registered owner by means of registered deed of sale bearing No. 5776/1968 and thereafter got delivery of possession of the purchased land. Subsequently, the name of the plaintiff had also been mutated in the revenue records in respect of the said plot of land. However, since the plaintiff had to remain away from the suit land in connection with his service, the defendants, being the legal heirs of vendor, forcibly entered the suit land in the year 1989 and refused to vacate the said land. On several occasions, the plaintiff had requested the defendants to vacate the suit land and even served notices upon the defendants but to no availed. Such being the position, the plaintiff was compelled to institute the Title Suit No. 93/1997 in the Court of Civil Judge (Junior Division) No. 2, Guwahati, praying for a decree declaring his right, title and interest over the suit land and also for recovery of khas possession by evicting the defendants therefrom. The defendants/respondents contested the suit by filing written statement. The case of the defendants, projected in the written statement, is that at no point of time late Balen Chandra Das i.e., the predecessor -in -interest of the defendants had sold the suit land to the plaintiff. They also denied that the possession of the suit land was never delivered to the plaintiff. According to the defendants, late Balen Chandra Das, during his life time, had constructed a thatched house on the suit land and had been living therein with his family until his death. After the death of Balen Chandra Das, the defendants removed the thatched house and constructed an Assam type house over the suit land. The defendants also questioned the maintainability of the suit on the ground of limitation, improper valuation of the suit and deficit Court fee. On the basis of the pleadings of the parties, learned trial Court framed as many as 9 issues which are as follows: -

(3.) THE plaintiff side adduced evidence by examining 3 (three) witnesses viz., PW -1, PW -2 and PW -3, besides producing documentary evidences in support of his case. The defendant's side had also examined witnesses besides adducing documentary evidences. Upon considering the materials on record, the learned Trial Court decreed the suit filed by the plaintiff by answering all the issues in favour of the plaintiff by the judgment and decree dated 30.09.2002.